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(영문) 부산지방법원 2014.07.23 2013고단8677

근로기준법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative of (State) D in Ulsan-gun C, who has been engaged in automobile parts manufacturing business with 26 full-time workers.

From August 20, 2012 to July 1, 2013, the Defendant, while serving as an employee in the foregoing company, did not pay wages of 220,000 won to E, who retired from office, and wages of 1,827,110 won, retirement allowances, 1,417,10 won, and wages of F who retired from office while serving as an employee in the aforementioned company from April 16, 2012 to April 17, 2013; and from May 8, 2012 to May 8, 2013, the Defendant did not pay wages of G 1,510,960 won, retirement allowances, 1,180, and 960 won, without an agreement between the parties concerned on the extension of the payment term. < Amended by Act No. 11827, Apr. 16, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. To apply Acts and subordinate statutes on the details of arrears, average wages and retirement allowances for each individual, and the detailed pay statement;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant, as the representative of Section C in Ulsan-si, Ulsan-si, the Defendant is an employer who has been engaged in automobile parts manufacturing business with 26 full-time workers.

From December 18, 1981 to July 1, 201, the Defendant did not pay wages and retirement allowances to each of the employees described in the [Attachment Table No. 1-4, 6-14, 16, 17, 19-23, within 14 days from the date of retirement without agreement on the extension of the due date for payment, as well as KRW 420,00,00, the estimated bonus of 200,000, retirement allowance of 2013, and retirement allowance of 32,160,858, to J. 2013.